The concept of digital intelligence is a reporter from this newspaper, Li Hainan.
Just when the world is still in the AI generative application and the "instant copy" of static ** works is amazed, an animation generative application with "cinematic special effects" has been officially released a few days ago, which once again refreshes people's perception of the "subversion" of AI technology on traditional industries.
At the beginning of December, Stanford Chinese female Ph.D., founder Demi Guo (Demi Guo) and co-founder and CTO Chenl In Meng, with only six months of existence, ended the version testing and officially released Wensheng **pika 10, showing the world what "movie-level special effects" are, shocking the whole network. It's an AI-generated app that generates and edits 3D animations, anime, and movies by just entering text.
Coincidentally, while people are still digesting the possible subversive impact of AI** tools on the industry, Google released a multi-modal Gemini model late at night on December 7, which directly integrates text, voice and other multi-domain modalities, and also makes the outside world have infinite expectations for Google's large model to surpass ChatGPT-4.
Looking back on the timeline of the past six months, Chat GPT has set off a "wave of AI generation" around the world, and now, AI technology is rapidly extending to the field of production, which is making the traditional film and television creation industry begin to "tremble".
So far, the world's recognized art and literature fields that can best cultivate the "fertile soil" of hand-me-down works have jointly stood at the threshold of facing the impact of AI technology.
How to deal with the global challenges of AI technology to the protection of traditional intellectual property rights?
With the acceleration of globalization and the rapid development of Internet technology, intellectual property protection has long become a common demand of all countries. With the rapid development of science and technology, AI technology has gradually penetrated into all aspects of daily life, which also forces intellectual property protection to accelerate the adaptation to the new situation.
Intellectual property rights, also known as intellectual property rights, refer to the civil rights that people enjoy over the fruits of their intellectual labor. It includes copyright, patent right, trademark right, etc., which is the right that people enjoy for their creative intellectual achievements.
At present, the continuous development of AI technology has had an impact on the definition and protection of intellectual property rights, and the impact is by no means limited to the copyright field, which is more concerned about **, such as trademark rights and patent rights are also facing challenges.
First of all, the wide application of AI technology makes it more convenient for people to obtain and copy various information, such as art works, movies, text books, etc. Obviously, this makes traditional copyright protection "like a great enemy", and the impact is inevitable.
It is important to know that the core of the copyright system is to protect the rights and interests of authors and prevent others from misappropriating or illegally copying their works. However, with the help of AI technology, people can easily copy and distribute other people's works, which makes copyright protection much more difficult. It not only increases the cost of identifying illegal acts in the legal proceedings, but also makes the process of self-certification of original content cumbersome and passive.
Second, AI technology also brings new challenges to patent protection. Traditionally, the patent system has required the applicant to be a natural or legal person, but AI technology has made it possible for generative models or even robots to be patent applicants.
Undoubtedly, this will inevitably bring new difficulties to patent examination and legal judgment. Due to the complexity and interdisciplinarity of AI technologies, the scope and criteria of patent protection are also beginning to become blurred. It is urgent to further improve and expand the boundaries of the application of law to ensure that it does not have an excessive impact on intellectual property rights such as patent rights.
Thirdly, with the continuous development of AI technology, the protection of trademark rights is also facing new challenges. The purpose of trademark rights is to protect the uniqueness and recognizability of the trademark and to prevent consumers from confusing the goods or services. However, with the help of AI technology, using open and open-source models and data support, machines can automatically generate trademark patterns or words through technologies such as deep learning Xi and natural language processing. This makes it easier to generate and disseminate trademarks, but it also brings new difficulties to the protection of trademark rights.
Finally, the legal and institutional environment is generally willing to be open and embracing the great changes in the economy, society and industry brought about by the progress of new science and technology. For example, in the discussion of whether virtual digital humans have independent legal subjects and enjoy intellectual property rights, although within the existing legal framework, no country currently grants virtual digital humans the legal subject status and recognizes their intellectual property rights. It is generally accepted that they are still virtual beings created and controlled by humans, with no independent legal status and legal capacity. Therefore, the intellectual property rights of virtual digital humans should be attributed to the company or individual who created them. However, in the future, with the development of AI technology and the emergence of more virtual scenarios such as the metaverse, how to explore the legal subject qualifications of virtual humans in statutory law has now reached a node to be further discussed.
In short, the development of AI technology will only bring new challenges to global intellectual property protection in the future, and it is not yet known whether new content generation methods and new fields will bring new models and approaches to the protection of legal subjects.
But at least, we can't wait, after all, there is not nothing in the "think tank" of the response.
First, it is increasingly urgent to continue to improve laws and regulations. With the continuous development of AI technology, relevant laws and regulations also need to be updated and improved to adapt to the new technological environment. For example, copyright protection for AI-created works should be strengthened, and the ownership and scope of rights for AI-generated content should be clarified to prevent malicious infringement.
Second, it is important to strengthen the management of technology adoption. AI technology has powerful data processing and analysis capabilities, but it also has certain risks. Therefore, it is necessary to strengthen the management of the application of AI technology, standardize the use process and standards, and avoid the infringement of intellectual property rights.
Third, promoting the internationalization of intellectual property rights is in line with practical needs. In the global context, we will promote the globalization and regional integration of intellectual property protection in specific areas of intellectual property protection, and jointly address the challenges of intellectual property protection.
Fourth, the establishment of a sound intellectual property trading platform is an important guarantee. In the era of AI, IP transactions are becoming more frequent and complex. It is necessary to establish a sound intellectual property trading platform, standardize transaction processes and standards, and ensure the fairness and security of transactions.
All in all, by improving laws and regulations and forming a legal environment suitable for intellectual property protection in the AI era, the fundamental purpose is to ensure that intellectual property rights are fully protected, and at the same time escort the development of scientific and technological innovation and cultural industries. Among them, it is most important to take a fresh look at the existing IP system as soon as possible, reconstruct the future legal protection framework from a development perspective, and find new ways to protect and define IP protection in the context of AI technology.